Loomis Partition Lawyer

Understanding Co-Ownership in Placer County

Our team of partition attorneys in Placer can assist co-owners with frequently asked questions about partitions, such as:

  • Are there methods to resolve a partition situation without a court-ordered sale? The vast majority of partitions are solved without a court-ordered sale. Many times, the defendant will buy out the plaintiff’s interest. Other times, the parties will agree to a voluntary sale on the open market. However, the filing of the partition action is generally what forces the defendant to see the wisdom of settlement. Under California’s Partition of Real Property Act, a defendant can buy out the interest of the plaintiff at an appraised value, meaning that a court-ordered sale is only likely occur where the defendant simply can’t afford to buy the property but still won’t agree to sell.
  • Will the plaintiff win a California partition action? The plaintiff almost always prevails in a partition. This is because the right to partition is absolute under California law. Most partition actions result in the Defendant agreeing to sell the property or buyout the plaintiff’s interest in the property, which is generally the plaintiff’s goal.
  • Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
  • What is recoverable in a partition action? “In a suit for partition it is a general rule that all equities and conflicting claims existing between the parties and arising out of their relation to the property to be partitioned may be adjusted.” Demetris v. Demetris (1954) 125 Cal. App. 2d 440. This means that co-owners can assert offsets or recover payments of the mortgage, taxes, insurance, repairs and improvements in excess of their fractional interests.
  • How does a partition action work in California?

Partition Attorney in Loomis, California - Placer County Partition Lawyer

Our Loomis Partition Attorneys Know Placer County

Loomis is a small town located in Placer County, California. It is situated in the Sierra Nevada foothills, about 25 miles northeast of Sacramento. The town is known for its rural atmosphere and its proximity to the American River. It is home to a variety of outdoor activities, including fishing, camping, hiking, and biking. The town is also home to several wineries, and is a popular destination for wine tasting. Loomis is also home to a variety of restaurants, shops, and other businesses.

The Los Angeles community of Loomis was founded in 1887 by William Loomis, a real estate developer from New York. The area was originally part of the Rancho San Antonio land grant, and was named after Loomis’ hometown of Loomis, New York. The area was initially used for farming and ranching, but by the early 1900s, the area had become a popular residential area for the wealthy. In the 1920s, the area was annexed by the City of Los Angeles and became part of the city’s South Central district. In the 1950s, the area experienced a period of rapid growth and development, with many new homes and businesses being built. Today, Loomis is a vibrant and diverse community, with a mix of residential and commercial properties.

Weinsaft v. Deckel – Partition Action Case Study

In the legal case of Weinsaft v. Deckel, 2022 WL 17546706, B313200 (9-Dec-2022) , the issue of partition was at the center of the dispute. The plaintiff, Weinsaft, and the defendant, Deckel, were co-owners of a parcel of real property. Weinsaft sought to partition the property, while Deckel opposed the partition. The court had to determine whether the partition should be granted and, if so, how the property should be divided. The court considered the parties’ respective interests in the property, the value of the property, and the potential costs of partitioning the property. Ultimately, the court granted the partition, ordering that the property be divided into two equal parts.

Contact an Experienced Partition Attorney in Loomis, California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers serving Loomis have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Placer County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (916) 668-3300 or fill out a contact form online.

Contact us Today for a Free Consultation with a Partition Attorney in Loomis, California